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Nebraska Questions & Answers
1 Answer | Asked in Probate for Nebraska on
Q: When there are multiple owners listed on real-estate and one dies,Does the property have to go through probate.
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

It depends on how the property is titled. Tenancy in common is different than if it is titled with right of survivorship.

1 Answer | Asked in Agricultural Law and Gov & Administrative Law for Nebraska on
Q: What do I do?

I have farm plates currently ony pickup and that is how it has been since I've gotten it. I haven't moved or nothing. I have chickens and move livestock very frequently but county keeps using the excuse that I need to own farm land in able to get farm plates

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Using the vehicle for moving livestock isn't the only qualification for having farm plates. Farm plates are available to other than just the owner of farm land. You will need to review the criteria for farm plates and see if you qualify. The rules have been modified over the years so it is... View More

1 Answer | Asked in Tax Law and Business Law for Nebraska on
Q: As a 100% shareholder in an S Corp in Nebraska I recieved a state tax lien notice. Is my personal property at risk?

Business was greatly affected by Covid and a chapter 7 filing by a customer. As a creditor the business, lost a significant amount of revenue. The tax lien notice does list the EIN for the S Corp, but only my name, is personally listed on the document. I need to know if any personal property,... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Yes, it is possible to be personally liable, but it depends on the specific facts of your case. One method is through "piercing the corporate veil." The tax collector is generally an aggressive creditor. You should seek counsel.

2 Answers | Asked in Social Security for Nebraska on
Q: I am currently a stay at home mother who home schools her children. I have several health problems. Can I get disability

Our family could use income in this economy. But I now have many health problems. Do I qualify because I'm not working?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

You need to contact an attorney that focuses on social security disability claims. Whether or not you qualify for these benefits is a fact-specific analysis. You will likely also need to gather medical documentation to show that you are not able to work due to your health issues in order to... View More

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1 Answer | Asked in Legal Malpractice for Nebraska on
Q: My house was searched as a random they said as a bond condition they could randomly search.Without warrent wasthis legal
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

It is not uncommon for some bond terms to legally allow searches that would otherwise be unlawful. You would need to speak with your criminal defense attorney to determine if the search in your particular situation was lawful or not.

1 Answer | Asked in Car Accidents for Nebraska on
Q: If accelarater stuck causing a crash and it was a malfunction of the car that caused the crash am I still at fault
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

These types of questions of negligence are very fact-specific. You could get into issues of maintenance, etc. in addition to default of the product itself. Even if the driver is found to be at fault and ordered to pay, the driver may then have a cause of action against the manufacturer to recoup... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: When a child turns of legal age, can they seek retroactive child support, even though no paternity has been established?

When a child turns of legal age in Nebraska, can they themselves seek retroactive child support from their non-custodial parent (even though no parternity has not been established, but know who the non-custodial parent is, and resided out of state)?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Child support is owed to the person who supports the child during the child's minority, not technically to the child. I have never seen the Court allow a person to bring an action for child support if paternity and child support weren't established while the child was a minor. The... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: Will I get paid for the damaged someone else caused in a car accident?

I haven’t had car insurance for a couple days due to a check being on hold and not paying on them. The only reason my car was out was to get formula. A girl was distracted and claimed she was crying and rear ended me and sent me into another car damaging the front and back of mine. Since I’m... View More

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2023

A local attorney could advise best, but your question remains open for two weeks. A local attorney must advise here, but in many states, only limited economic damages are recoverable if uninsured. However, each state has its own rules. Try to arrange a free initial consultation with a local... View More

1 Answer | Asked in Business Law and Collections for Nebraska on
Q: My old dentist just now sent be a bill from 2016. After I asked for months for the bill. Do I have to pay?

They have recently retired. And are now asking for my payment. 5 years is a little silly

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

Check the statute of limitations for contracts in your state, if it is past that time you do not have to pay. If it is within the time limitations, you may have a defense called laches.

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: If my sister and I inherited a house from our parents, and my sister dies, so I now own all of the house?

The house is in both of our names.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

The answer would depend on how you and the sister owned the house. If the house is owned as Tenants-in-Common, each owns an undivided interest in the property. The deceased sister's interest would pass through her estate.

If the property is owned in Joint Tenancy with Rights of...
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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Agricultural Law for Nebraska on
Q: Does a court go off the last Will made?

.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.

1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Immigration Law for Nebraska on
Q: My girlfriend is her on a work visa, I am a U.S. citizen. Can we get married while she is here working.
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

Yes. An immigrant who entered the US lawfully can adjust status to get a green card after marriage to a US Citizen.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Nebraska on
Q: I recently filed a modification of custody and was told that the next course of action is mediation.

Is it true that evidence brought up during a mediation cannot be brought up in court before a judge. Since i know my ex and i wont be able to agree during mediation.

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

At trial, you can generally testify as to what the other party said to you. One exception to this is usually that comments that a person said to you as part of a formal mediation session are not allowed to be disclosed in Court.

Thus, generally yes, statements made in mediation are...
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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Nebraska on
Q: Want to know if I will be fined for a lapse of insurance or home owners insurance in the state of Nebraska.

I am changing companies and have been told that I have to have continuous coverage on my auto and home insurance. Is this correct for the state of Nebraska?

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

You have to have "proof of financial responsibility" for your vehicles, which for most people, means that they have to have vehicle liability insurance (auto insurance) on the vehicle at least at the statutory minimums at all times. There are some exceptions that you can read about on... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Military Law for Nebraska on
Q: This is my father and he does this to me. Please help me.

I have recordings

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

Your question doesn't give any details as to you or your situation. If you believe a crime has been committed, you may need to file a police report.

1 Answer | Asked in Municipal Law, Small Claims and Construction Law for Nebraska on
Q: we hired a guy to do our sideing and roof on the house back in september we havent heard from him since what to do
Julie Fowler
Julie Fowler
answered on Jan 9, 2023

I assume that you also paid this person. There are cases of fraud where a contractor accepts payment or partial payment and then leaves the area without doing any work or having the intention to do so. If you believe you may have been scammed, you may want to contact the non-emergency line and... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: In Nebraska, if a child is 18 and moves out of his mother's home, can father's support go to kid instead of mom?

I know child support must be paid until age 19 in Nebraska, but why would the mother get the money if the child no longer lives there after age 18? Can it go directly to the 18 year old child instead?

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

It is actually not uncommon for a parent to still be ordered to pay child support even though the teenage child is no longer living with the custodial parent. The most common situation is when the teen is living in the dorms at the freshman year of college. So long as the custodial parent is... View More

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nebraska on
Q: Can my sons father legally evict me? He keeps threatening to. I have a daughter that lives with us too.

The house is in his name, but I’ve cleaned, maintained and furnished it since he bought it (3 years ago, (we’ve been together for 6) and also have stayed home to take care of our son his life this far. Partner pays the mortgage and some utilities, I pay for and take care of everything else. He... View More

Julie Fowler
Julie Fowler
answered on Dec 30, 2022

If you don't own the property, the landlord can evict you, even if your landlord is your significant other. If you are married, the rules apply differently as you generally have marital rights to the property even if you are not on the title. The landlord would need to follow the proper... View More

1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: How many protection orders are you allowed to file in Nebraska

I would like to know How many times you can File for a protection Is order in Nebraska Is there a limit on how many you can file in a year

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

I don't believe there is a set limit. However, a Court can reprimand a person (such as awarding attorney fees) for filing frivilous actions, such as repeatedly filing new actions after losing a similar action.

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